Tinley Park Wants Federal Lawsuit Tossed

TINLEY PARK, IL — The Village of Tinley Park has filed a motion requesting the dismissal of a lawsuit regarding a hotly debated proposed apartment building.

Village officials want the lawsuit thrown out, based on the claim that the Department of Justice attorney lacked the proper standing to lodge the complaint, Chicago Tribune reports.

The Justice Department filed the lawsuit in November 2016, alleging that officials violated the Fair Housing Act when it refused to approve a low-income housing development, "in response to race-based community opposition."

“Village attorneys are diligently preparing to defend the Village and have made a tremendous effort thus far,” Tinley Park Mayor Dave Seaman said. “The Village Board and I will provide aggressive leadership on this matter on behalf of all the citizens of Tinley Park.”

Chicago Tribune reports that in October 2014, Vanita Gupta was named principal deputy assistant attorney general and acting chief of the civil rights division. The Federal Vacancies Reform Act limits the amount of time one can spend in an interim role. In Gupta's case, the village argues, her role as acting assistant attorney general for the civil rights division ended in May 2015, at that point then rendering her ineligible to file the lawsuit on the department's behalf.

The complaint could get new life once an assistant attorney general is appointed by the president and confirmed by the Senate, Chicago Tribune reports. Until then, the village's motion contends the lawsuit is invalid and should be dismissed.

The suit by the DOJ seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for those harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.

There have been talks of possible settlement in that suit.